Sydney Banking Company Act 1840 4 Vic (NSW)

88 4° VIC. 1840. Sydney Banking Company. 7:

'ewer' An Act to simplify Proceedings at Law or in Equity by or against " The Sydney Banking Company" and for other purposes therein mentioned. [1st September, 1840.]

Preamble, HEREAS a banking company carrying on business under the style and firm of " The Sydney Banking Company" is established in this Colony and it is expedient to simplify proceedings at law or in Actions &e. by equity commenced by or against the said company Be it therefore ghinpany tebe in enacted by His Excellency 'the Governor of New South Wales with Manager. the advice of the Legislative Council thereof' That from and after the passing of this Act every action suit or proceeding at law or in equity to be commenced or prosecuted by or on behalf of the said company against any person or persons (whether a member or members of such company or otherwise) or against any body or bodies politic or corpo- rate for recovering any debt due to or enforcing any claim or demand of the said company or relating to any matter connected with the concerns of the said company shall be commenced and prosecuted in the name of the Manager for the time being of the said company as the nominal plaintiff complainant or petitioner on behalf of the said company and that all actions suits or proceedings as aforesaid to be commenced or prosecuted against the said company shall be commenced instituted or prosecuted against the Manager for the time being of the said company as the nominal defendant for and on behalf of the said company and in all criminal prosecutions to be instituted or carried on by or on behalf of the said company for fraud upon or against the said company or for embezzlement robbery stealing or counterfeiting the bills notes bonds moneys effects or property of the said company or for any felony misdemeanor or other offence in which the said company shall or may be concerned it shall be lawful to state the property of the said company to be the property of such Manager for the time being of the said company and any offender or offenders may be there- Froceedings not to Upon lawfully convicted of any such offence and that neither the death ofthe death ae of Yesignation suspension or removal of such Manager shall abate or pre- Manager. judice any such action suit or proceeding but the same may be con- tinued in the name of the next or any succeeding Manager for the time being of the said company Provided nevertheless that the body or goods lands or tenements of such Manager shall not by reason of his being defendant in any such action suit or proceeding be liable to be arrested seized or taken in execution And provided further that all costs and expenses to be incurred by such Manager in prosecuting or defend- ing any action or suit for or on behalf of the said company shall be detrayed out of the funds of the said company. Mona am 2. And be it enacted That as soon as conveniently may be after directors to be re- the passing of this Act and from time to time upon or as soon as con- corded in Supreme Yeniently may be after the appointment of any new Manager of the said company a memorial in writing shall be recorded in the Supreme Court of New South Wales wherein shall be set forth in words at length the style and firm of the said company and the christian and surnames additions and places of abode of the Manager and of every director for the time being of the said company in the form or to the effect set forth in the Schedule to this Act annexed and that every such memorial shall be signed by the Manager for the time being of the said company and by three of the directors therein named and verified